What's wrong with accepting bank drafts

BMF-IIA9-20190404-H-43-00-SF-A001.htm





Paying agent regulations for the federal administration



Attachment 1



Treatment provisions
of means of payment
(ZMBestB)



(Status: 05/2019)





Table of Contents:

1

GENERAL

2

MEANS OF PAYMENT

2.1

Legal tender

2.2

Types of money

3

ACCEPTANCE OF LEGAL METHODS OF PAYMENT AND MONEY

3.1

Acceptance of legal tender

3.2

Acceptance of types of money

4

COPIES, FALSE, SUSPECTED AS FAKE MONEY, DAMAGED,
WEAR OR INCORRECT PAYMENT METHODS OTHER THAN CHECKS

4.1

Counterfeit or falsified means of payment

4.2

Means of payment suspected to be counterfeit money

4.3

Damaged, worn or faulty means of payment

4.3.1

Damaged euro coins or euro banknotes

4.3.2

Faulty euro coins or euro banknotes

4.3.3

Damaged, worn, or faulty types of money

4.4

Suspected criminal acts

5

ACCEPTANCE OF CHECKS

5.1

General

5.1.1

Bearer check

5.1.2

Order check

5.1.3

Rektascheck

5.2

Acceptable checks

5.3

Unacceptable checks

5.4

Procedure for Accepting Checks

5.4.1

Special features in the creation of receipts

5.4.2

Deadline for consideration

5.4.3

Checks back

5.4.4    

Lost checks

6

CARD PAYMENT PROCEDURE, ELECTRONIC PAYMENT SYSTEMS



Attachments:


Annex 1

Proof of counterfeit money

Appendix 2

Change in value book

Appendix 3

Check posting directory for checks made out in euros





1

The following provisions regulate the acceptance, administration and transfer of means of payment and the treatment of counterfeit, counterfeit, suspected, damaged or worn means of payment. In addition, the basic requirements for the use of card payment procedures or electronic payment systems for deposits in accordance with No. 4.6.2 ZBestB are determined.



2

(1) Means of payment are legal tender, types of money as far as permitted according to No. 2.2 as well as checks within the meaning of No. 5.2.

(2) If means of payment are not accepted as a deposit but as evidence due to confiscation or for any other reason as safekeeping, the means of payment are deemed to be valuables. The consignor must be informed when accepting that they will not bear interest. The WBestB are to be applied.



2.1
Legal tender

(1) Since January 1, 2002, the ECB and the member states of the euro zone have placed banknotes and coins denominated in euros or cents on the market. These banknotes and coins are the only ones in all of these member states to have legal tender properties.

(2) The German euro commemorative coins are legal tender in Germany in accordance with the MünzG.



2.2

Types of money are legal tender in foreign currencies. A foreign currency is the currency of a country whose currency is not the euro.



3
Acceptance of legal tender and currency


3.1
Acceptance of legal tender

The employees of the paying and money offices are not obliged to accept German euro commemorative coins in the amount of more than 100 euros for a single payment. If a single payment is made in both euro coins and German commemorative coins, you are not obliged to accept more than 50 coins; this also applies if the total amount is less than 100 euros.



3.2

(1) The employees of the paying agents may only accept or pay out types of currency in the form of banknotes. The acceptance of currency from the member states of the EU is generally permitted. The highest federal authorities can determine that other types of money may be accepted or paid out by the employees of the paying agents.

(2) If there are doubts about the redeemability of types of money, they may not be accepted. The owners are to be referred to a branch of the Deutsche Bundesbank or a credit institution dealing with the purchase of coins.

(3) If the cash on hand contains types of money according to No. 2.2 in the daily closing, the equivalent value in euros determined by conversion is to be included in the daily closing. The composition of the types of money is to be shown in the entry on change in value (change in value book - Appendix 2).

(4) Receipts for deposits made in currency are to be made out in euros and the accepted foreign currency amount, the exchange rate and, if applicable, the euro amount that has been repaid as change are only to be noted for information.

(5) Types of money accepted as deposit are to be used until the end of the day if possible by handing them over to the responsible branch of the Deutsche Bundesbank as order papers or by selling them to a credit institution.

(6) Differences between the conversion amounts and the actual countervalues ​​are to be entered in the proof of payment as advance payments or as safekeeping. The responsible title administrator is to be informed. The VO / VW-RiB is to be applied for the period for settling the advance payment or the safekeeping.

(7) The documents on the sale of coins are to be included in the change in value book (Appendix 2) as evidence.



4
Counterfeit, counterfeit, suspected counterfeit, damaged, worn or faulty means of payment other than checks


4.1
Counterfeit or falsified means of payment

(1) The employees of the paying and money offices must stop euro coins and euro banknotes that were identified as counterfeit or falsified when accepted (counterfeit money) (Section 36 BBankG). The payer must be issued with a certificate with the following content:

“The euro coin / s euro banknote / s for ........ euro with the identification (coins: year, any mint marks present; notes: note number) was / were confiscated as counterfeit money.

Place, day, name of the paying agent / money office, signature, official stamp. "

(2) If it does not seem advisable to hold the payer on record and to notify the nearest police station, the employees of the paying and monetary offices must ascertain this person and prepare a record of the negotiation of this as well as other relevant findings is to be signed by the parties involved. The minutes of the hearing should contain the details of the person with full name and address, if possible with a copy of the identity card or another official photo document.

(3) If the payer of the counterfeit money can no longer be identified because the employees of the paying or monetary office only recognized the counterfeit money after acceptance (e.g. at the end of the day or upon delivery), a record is required about the findings.

(4) The transcript of the proceedings or the transcript, the counterfeit money and any other evidence (e.g. roll paper, wrapper, bag flag) must be handed over immediately to the head of the office by the employees of the paying and monetary office. The minutes of the hearing or the minutes, the counterfeit money and any other evidence must be forwarded to the responsible police station. The supply line is to be put on record.

(5) If the paying agent or monetary agent in accordance with paragraph 1 receives counterfeit money to be withdrawn from another public cash register, paying agent or a credit institution, the head of the department must stop the counterfeit money and send it to the responsible police station with a written record. In addition, a certificate according to paragraph 1 must be issued. Regarding the compensation, the management of the department must contact the department from which it received the counterfeit money and provide it with a certificate from the police department stating that the counterfeit money has been submitted or a copy of the transcript to the police department.

(6) If counterfeit money is sent, this must be put on record. A witness must be called in to check the counterfeit money in question and must also sign the note on the file.

(7) Contrary to paragraphs 1 and 2, employees of paying and money offices abroad should only negotiate briefly about the origin of the counterfeit money with the payer if they recognize counterfeit money in types of currency at the time of acceptance. The person making the payment may not be detained by employees of the paying agent or money office. In cases where this would be advisable in Germany, the competent authority abroad must be notified immediately.

(8) Evidence of the counterfeit money delivered to the police station must be kept in the paying and monetary office (Appendix 1).

(9) Paragraphs 1 to 8 also apply mutatis mutandis to types of currency.



4.2
Means of payment suspected to be counterfeit money

(1) The employees of the paying and money offices must stop euro coins and euro banknotes whose authenticity is doubtful. The payer is to be issued with a certificate in accordance with No. 4.1 Paragraph 1 in which the words “as counterfeit money” are to be replaced by the words “due to doubts as to its authenticity”.

(2) The stopped euro coins and euro banknotes are to be sent to the competent authority of the Deutsche Bundesbank for checking.

(3) If the legal tender sent is authentic, the paying or monetary agent receives the equivalent value of the euro coins and banknotes sent from the Deutsche Bundesbank. In the event of inauthenticity, the paying or money office will be notified by the Deutsche Bundesbank. The amount of the counterfeit money must be entered in the evidence (Appendix 1).

(4) The payer must be informed of the result of the check by the Deutsche Bundesbank.

(5) Paragraphs 1 to 3 also apply mutatis mutandis to types of currency.



4.3
Damaged, worn or faulty means of payment


4.3.1
Damaged euro coins or euro banknotes

(1) The employees of the paying and monetary offices must accept or exchange euro coins that have lost their weight or recognizability due to wear and tear, as well as unsightly or damaged (e.g. rusted) euro coins, subject to paragraph 2. The accepted or exchanged euro coins must be sent to the Deutsche Bundesbank responsible for them, which will reimburse the equivalent value.

(2) Damaged euro coins are not to be accepted or exchanged if there are special reasons against it (e.g. suspected willful damage, coins that are perforated or have a weight reduction other than due to normal circulation). If there is suspicion of a criminal act, the coins must be withdrawn. No. 4.2 is to be applied accordingly.

(3) The employees of the paying and money offices may only accept damaged euro banknotes if more than half of each note is presented. She has to send the euro banknotes she has accepted to the Deutsche Bundesbank department responsible for her, which will reimburse the equivalent value. Euro banknotes which are composed of parts which do not belong to one and the same note or which do not undoubtedly belong to one and the same note may not be accepted. This also applies if part of the compound grade is greater than half of a grade.



4.3.2
Faulty euro coins or euro banknotes

(1) Incorrectly minted genuine euro coins must be accepted or exchanged by the employees of the paying and monetary offices. The accepted euro coins must be sent to the Deutsche Bundesbank responsible for them, which will reimburse the equivalent value.

(2) Incorrectly produced real euro banknotes (misprints and incorrect cuts) are not allowed to be accepted by the employees of the paying and money offices.



4.3.3
Damaged, worn, or faulty types of money

Damaged, worn or faulty types of money may not be accepted by the employees of the payment and monetary offices.



4.4
Suspected criminal acts

If the employees of the paying and money offices are presented with means of payment that are suspected of a criminal act (e.g. in the case of color-coded, genuine banknotes that may originate from robberies, among other things), No. 4.1 is to be applied accordingly. In the certificate to be issued according to No. 4.1 paragraph 1, the words "as counterfeit money" are to be deleted.



5

Checks should only be accepted by the employees of the paying agents in exceptional cases. The acceptance of other means of payment or the use and acceptance of card payment procedures as well as the use of electronic payment systems are preferable. This does not include checks in accordance with No. 5.2, Paragraph 2.



5.1

(1) The check is a written instruction to the drawee or the drawee (e.g. bank) to pay a certain amount of money to the payee from the credit balance of the check issuer.

(2) The check must be made out in a specific form and be referred to as a check. Checks are securities and are divided into bearer checks, order checks and straight checks. The checks can

a)
denominated in euros and related to credit institutions in Switzerland (domestic checks),
b)
denominated in euros or foreign currencies and related to credit institutions abroad (foreign checks) and
c)
denominated in foreign currencies and related to credit institutions in Switzerland (foreign currency checks).


5.1.1

(1) The check is a bearer check if its holder is designated as the payee. It is considered a bearer check if the payee is a specific person with the addition "or bearer" or an equivalent note or if no payee is specified. The transfer of the bearer check is carried out informally.

(2) Travelers checks (so-called traveller's checks) are bearer checks, the redemption of which is guaranteed by the issuing institute, provided that the formalities prescribed for redemption are complied with.



5.1.2

(1) A check is an order check if it is made out to a specific payee with or without the express note “to order”. The order check can be transferred by endorsement and informal disclosure.

(2) Order checks in which the issuer has not designated a federal treasury, paying agent or federal agency as the recipient of the payment, may not be accepted by the employees of the paying agents. This does not apply if the payer identifies himself or herself as the rightful owner by means of an uninterrupted series of endorsements (including blank endorsements) and he or she has endorsed the check to the federal treasury, paying agent or federal office or has given it a blank endorsement Has.



5.1.3

(1) The check is a straight check if, like the order check, it is made out to a specific payee, but bears the note of the issuer “not on order” or an equivalent note.

(2) Rektaschecks may not be accepted by the employees of the paying agents.



5.2

(1) Employees of the paying agents may accept bearer checks and order checks, with the exception of order checks according to No. 5.1.2 Paragraph 2 Clause 1, which are permitted for simplified check collection in accordance with the General Terms and Conditions of the Deutsche Bundesbank, under the conditions of No. 5.4.

(2) Automation-capable euro travelers checks from German credit institutions and German branches of foreign issuers (e.g. travelers checks from the American Express Company) may also be accepted. When accepting, the provisions applicable to the acceptance of travelers checks must be observed. For reasons of procedural security, only travelers checks that are presented by the purchaser himself are to be accepted. Please note that the coding zone of the travelers checks - also on the back - may not be stamped or written on.

(3) In addition, the employees of the paying agents may accept checks that have been certified by an office of the Deutsche Bundesbank and can be presented within the period specified in the auditor's report.



5.3
Unacceptable checks

(1) Employees of the paying agents are not allowed to accept checks

a)
in which the comment "Only for billing" is provided with an addition (e.g. "Only for billing with the company ..."), even if this addition is deleted,
b)
in which the words “or bearer” are deleted and
c)
which do not contain a check number or are otherwise incomplete (blank checks).

(2) Employees of the paying agents are not allowed to accept checks that are received so late that they cannot be presented to the bank in question or sent to a clearing house (Art. 31 Check Act) within the presentation period (Art. 29 Check Act).

(3) The employees of the paying agents must refuse to accept checks if it can be assumed that they will not be cashed due to insufficient funds.



5.4
Procedure for Accepting Checks

(1) Checks may only be made out for the amount to be accepted. With the exception of paragraph 2, they must not be pre-dated.

(2) Postdated checks may only be accepted for enforcement debts. The prerequisite for the assumption is that

a)
the date on which the check was issued is not postdated by more than 14 days from the time the check was accepted,
b)
there is no need to fear that the check will not be cashed on the specified date of issue,
c)
the enforcement debtor has not repeatedly submitted bad checks, and
d)
the enforcement debtor is expressly advised that the consequences of default will last until the pre-dated issue date of the check, i.e. late payment surcharges may have to be charged until then.

(3) Checks that are not marked as crossed checks are to be marked with the comment “Only for clearing” immediately upon receipt. A blank endorsement by the person obliged to pay in must be completed with the note "to ... (name of the paying agent)". Accepted checks may not be presented for cash payment.

(4) With the exception of postdated checks, accepted checks must be submitted immediately to the branch of the Deutsche Bundesbank. The general terms and conditions and the "Special Conditions of the Deutsche Bundesbank for the collection of checks and direct debits for public administrations" (State Treasury Conditions) must be observed, which also indicate which checks are permitted for simplified check collection and which checks can only be submitted for crediting the equivalent value after receipt. The total amount of the checks submitted must be entered in the counter account.

(5) Checks for payments according to the tax code are to be submitted in such a way that the day on which the check is credited corresponds to the day on which the payment is deemed to have been made in accordance with Section 224 (2) No. 1 of the tax code. Checks received by the paying agent on the due date or later must be submitted immediately.Checks that are received in good time so that the payment is deemed to have been made at least one day before the due date must also be submitted immediately.

(6) Paying agents that do not have a current account with the Deutsche Bundesbank must enter the accepted checks in the consignment register in accordance with the sample in Appendix 3 and forward them immediately to the federal treasury responsible for them.

(7) Postdated checks are to be evidenced by the paying agent in the safekeeping address - sub-volume valuables. The paying agent must ensure that the checks are presented to the branch of the Deutsche Bundesbank on time or, in the case of paragraph 5, forwarded to the competent federal treasury.



5.4.1
Special features in the creation of receipts

(1) If payments are made by handing over checks, both copies of the receipt must be marked with the following note:

“Paid by check. Entrance reserved. Without guarantee for the timely presentation "

(2) If payments are made by handing over pre-dated checks, both copies of the receipt must be marked with the following note: No guarantee for timely presentation. "

"Postdated check on ... ... accepted. Entrance reserved.

(3) Receipts for checks denominated in foreign currencies must be made out in euros and cents. To do this, the currency amount must be converted using the corresponding reference rate. The relevant reference rate can be obtained from the ECB or, alternatively, from the Deutsche Bundesbank (branch). The currency amount and the reference rate must be noted on the receipt. In the event of differences between the conversion amounts and the actual equivalent value, No. 4 (4) applies accordingly.

(4) If counter-performance is to be effected for the payment made by check, it must also be noted in the receipt when the counter-performance may be effected in accordance with No. 5.4.2.



5.4.2
Deadline for consideration

(1) A consideration that is dependent on a previous or simultaneous payment (e.g. delivery of goods or stamps) may only be effected when the check has been cashed in full by the bank with which it is drawn. The cashing of a check accepted as a deposit is assumed if the account of the paying agent or the federal treasury is not debited with the amount again within a certain period of time after submission (No. 5.4 paragraphs 4 to 6). The deadlines are calculated from the day of issue

a)
eight working days for domestic checks,
b)
six weeks for foreign checks that are authorized for simplified foreign check collection in accordance with the General Terms and Conditions of the Deutsche Bundesbank, if the place of issue and the place of payment are in the same continent. Checks that are made out in a country in Europe and in a country bordering the Mediterranean Sea and payable in a country in Europe are considered to be checks that are made out and payable in the same continent
c)
three months for foreign checks that are authorized for simplified foreign check collection in accordance with the general terms and conditions of the Deutsche Bundesbank, if the place of issue and place of payment are in different parts of the world.

(2) The consideration may be effected before redemption if

a)
the check is made out by a corporation or institution under public law or by a domestic credit institution,
b)
the check has been confirmed by an agency of the Deutsche Bundesbank and can be presented within the period specified in the auditor's report, or
c)
a euro traveler's check is accepted in compliance with the requirements for receiving it.


5.4.3

(1) If a check has not been cashed (return check), the payment is deemed not to have been effected. The facts are to be noted on the receipt and reported to the responsible department immediately. The check law (6th section - recourse in the event of failure to pay) must be observed. Return checks may only be returned after the check amount and the costs have been paid. The amount of the return check is to be entered in the account counter book as a direct debit.

(2) The paying agents must enter costs that arise from the fact that checks have not been cashed in the proof of payment as an advance payment and notify the responsible title administrator immediately. In addition, the costs and the amount of the check are to be requested from the payer or, if applicable, from another person obliged to check. In principle, this also applies to the costs incurred in submitting or handling checks.



5.4.4
Lost checks

If a check that has been accepted is lost, the employees of the paying agent must immediately request the issuer and the bank drawn to block the check by telephone and in writing. Any required public notice procedure must be initiated by the paying agent.



6
Card payment methods, electronic payment systems

(1) When accepting payments using card payment methods or when using electronic payment systems, the receipt of the payment must be ensured within the payment process.

(2) Debit card systems (EC cards) are only considered to be cash payment transactions within the meaning of No. 1, Paragraph 2 of the ZBestB, if the payments are processed via "Electronic Cash", a payment method of the Deutsche Kreditwirtschaft with PIN. Payments via the electronic direct debit procedure (ELV) are not cash but cashless payment transactions (SEPA direct debit procedure).

(3) Deposits with credit cards are also considered cash payments within the meaning of No. 1 Paragraph 2 ZBestB. It is not necessary to enter a PIN. It is to be agreed with the provider through which the payments are processed that payments may only be returned after the facts have been clarified.

(4) It is to be agreed with the respective provider of a payment method that the payment amount will be made available without deduction of costs. The costs of the payment process are to be billed separately.



Appendix 1: Evidence of counterfeit money



cover sheet





Proof of counterfeit money (insert on the left)



Proof of counterfeit money (insert on the right)



Appendix 2: Change in value book



cover sheet



Change in value book (insert on the left)



Change in value book (insert sheet on the right)



Appendix 3: Check posting list for checks made out in euros